Khalid Samad fails in bid to declare Syariah enactment unconstitutional

PUTRAJAYA: The Federal Court has refused Shah Alam MP Khalid Samad's (pic) bid to question the constitutionality of a religious law on preaching about Islam without credentials.

The three-person panel led by Chief Justice Md Raus Sharif unanimously denied leave, on grounds of a lack of merit.

Khalid was appealing against the Shah Alam High Court's decision not to grant leave to initiate a judicial review against Section 119 (1) of the Selangor Islamic Law Administration Enactment.

The panel, which also included Chief Judge of Malaya Ahmad Maarop and Justice Aziah Ali, also ordered for RM10,000 in costs to be paid to the respondent, Majlis Agama Islam Selangor (MAIS).

Khalid was represented by lawyer Nadzratun Naim Ammad Azizi, while Suzana Atan represented MAIS.

In November last year, the Court of Appeal also dismissed the appeal on the grounds that the matter should have been taken up directly with the Federal Court and not be filed by way of a judicial review at the High Court.

The legal challenge was in response to Khalid being fined RM2,900 by the Klang Lower Syariah Court on Jan 17, for the offence of teaching Islam without credentials.

He was convicted over a talk he gave at a surau in Taman Seri Sementa in Klang between 10pm and 11.50pm on August 16, 2011.

Under Article 48 of the Federal Constitution, the Amanah communications director may lose his seat, as lawmakers are automatically disqualified if convicted and sentenced to either more than a year's prison or a fine of more than RM2,000.

He paid the fine, and has since appealed to the Syariah High Court.